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HomeMy WebLinkAboutCC MINUTES 1998 05 04 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 4, 1998 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. The :Invocation was given by Pastor Dane Counts, Kings Way Church. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle 3im Potts 3effery M. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois 3effrey, City Attorney Christine Shingleton, Assistant City Manager George 3eftties, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Dan Fox, Senior Planner Doug Anderson, Traffic Engineer Darin Loughrey, Recreation Supervisor Approximately 65 in the audience PROCLAMATIONS TUSTIN HIGH SCHOOL KIWINS AND FOOTHILL HIGH SCHOOL KEY CLUBS Mayor Saltarelli read and presented proclamations to Tustin High School Kiwins Club and Foothill High School Key Club honoring their involvement in the community. Funie Hsu, on behalf of the Tustin High School Kiwins Club, thanked Council for recognizing the Club's service to the community. 3effrey Dodge, on behalf of Foothill High School Key Club, thanked Council for acknowledging and supporting the Club's effort to improve the community. PUBLIC INPUT POW/MIA FLAG RAISING CEREMONY Adrian Morton, representing Vietnam Veterans Local Chapter 785, reported a POW/MTA flag raising ceremony would be held at the Tustin Post Office on May 1(5, 1998. NATIONAL DAY OF PRAYER - MAY 7, 1998 Greg Esslair, 15482 Pasadena, Tustin, announced the Main Place Christian Fellowship in Tustin would host a National Day of Prayer on May 7, 1998, and invited Council and the community to attend. CITY COUNCIL MINUTES Page 2 ~ S - z~ - 9 8 PUBLIC HEARING (ITEM 1) 1. VESTING TENTATIVE TRACT MAP NO. 15601 (APPLICANT: WARMINGTON HOMES) Dan Fox, Senior Planner, summarized the proposed project including that the 15-acre parcel would be subdivided to accommodate 44 single-family one-story dwellings; site location and access; dwelling units per acre; setbacks; minimum 10,000 square foot lots; product square footage; slope area maintenance; drainage improvements; and he stated the Planning Commission had recommended approval of the project. Mayor Saltarelli opened the Public Hearing at 7:15 p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map No. 15601: Bob McClaire, Warmington Homes representative There were no other speakers on the subject and the Public Hearing was closed at 7:16 p.m. It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 98-39 approving the environmental determination for the project: RESOLUTION NO. 98-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 15601, DESIGN REVIEW 97- 035, AND HILLSIDE REVIEW 98-001 AND APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 98-40 approving Vesting Tentative Tract Map No. 15601: RESOLUTION NO. 98-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 15601 LOCATED AT THE NORTHERLY TERMINUS OF TOWNSHIP DRIVE (LOT 26 AND A PORTION OF LOTS 13 AND 24 OF TRACT 13627) Mayor Pro Tem Worley stated she was pleased with the proposed lower density and product. Mayor Saltarelli commented on the high caliber of the proposed project. Motion carried 5-0. 600-70 CONSENT CALENDAR (ITEMS 2 THROUGH 10) Item No. 6 was removed from the Consent Calendar by Councilmember Doyle. It was moved by Thomas, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - APRIL 20, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 20, 1998. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $870,986.09 and ratify Payroll in the amount of $442,615.69. 380-10 360-82 CITY COUNCIL MINUTES Page 3 ~ 5 - 4 - 9 8 4. RESOLUTION NO, 98-38 - A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR "A" STREET AND MOUNTAIN VIEW DRIVE RECONSTRUCTION PROJECTS BETWEEN FIRST STREET AND IRVINE BOULEVARD (CIP NOS. 700145 AND 700146) Recommendation: Adopt Resolution No. 98-38 accepting said work as complete and authorize the recordation of the Notice of Completion and direct the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five (35) days arcer the date of ~ recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 5. SANTA ANA RIVER PROJECT Recommendation: Adopt the following Resolution No. 98-41 in support of increased funding for fiscal year 1998-99 of the Army Corps of Engineers Civil Works Construction Program and adopt the following Resolution No. 98-42 in support of funding the State Flood Control Subvention for fiscal year 1998-99 as recommended by the Public Works Department/Engineering Division: RESOLUTION NO. 98-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING INCREASED FUNDING FOR THE FISCAL YEAR 1998- 99 OF THE ARMY CORPS OF ENGINEERS CIVIL WORKS CONSTRUCTION PROGRAM RESOLUTION NO. 98-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING FUNDING OF THE STATE FLOOD CONTROL SUBVENTION FUNDING FOR FISCAL YEAR 1998-99 780-05 7. PLANNING COMMISSION ACTION AGENDA - APRIL 27, 1998 All actions of the Planning Commission become final unless appealed by the City Council or ,--' member of the public. i Recommendation: Ratify Planning Commission Action Agenda of April 27, 1998. 120-50 8. AMENDMENT NO.1 TO AGREEMENT BETWEEN CITY AND HASSETT & DAVIS ENTERTAINMENT Recommendation: Approve Amendment No. 1 to agreement between the City and Hassett & Davis Entertainment, Inc. for rides at the 1998 El Camino Street Fair and Chili Cook-Off as recommended by Parks and Recreation Services. 400-10 9. DENIAL OF CLAIM NO. 98-4, CLAIMANT: JAMIE GRAZIANO Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 10. DENIAL OF CLAIM NO, 98-11, CLAIMANT: DREW McCAUSLAND Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 CONSENT CALENDAR ITEM NO. 6 - AWARD OF BID FOR THREE POLICE SPECIAL SERVICE UNITS Councilmember Doyle questioned what type of vehicles were being purchased. Councilmember Thomas responded Chevrolet Tahoe Sports Utility vehicles. It was moved by Doyle, seconded by Thomas, to award the bid for three 1998 Police Special Service Units to Wondries Fleet Group of Alhambra, California, in the amount of $86,821.71. Motion carried 5-0. 380-40 REGULAR BUSINESS (ITEMS 11 THROUGH 16) 11. PARKS AND RECREATION COMMISSION SCHOLARSHIP PROPOSAL Pat Sanchez, Director of Parks and Recreation Services, reported that the .Parks and Recreation Commission had been working on a proposal to create a scholarship program to CD'Y COUNCIL MINUTES Page 4 ~ S - 4 - 9 8 recognize graduating seniors for outstanding athletic and scholastic achievement. He said the Commission was requesting $2,000 be allocated; the students must achieve a 2.5 grade point average, and participate in community activities and athletics; and the first scholarships would be awarded in ]une 1998. Council/staff discussion followed regarding the appropriateness of City Council involvement in the scholarship process; forming a committee to review student candidates; Tustin Community Foundation funding the scholarship fund; donating $500 for each student rather than $1,000; and scholarship criteria. The following member of the audience spoke regarding the inception of the scholarship program; future funding for the program; and the necessity to move forward due to the short time frame before high school graduation: AI Murray, Parks and Recreation Commissioner Council/speaker discussion followed regarding the importance of developing a partnership between the City, community youth, and area schools; and clarifying the scholarship amount for four students. It was moved by Doyle, seconded by Ports, to appropriate $4,000, $1,000 per recipient, to fund scholarships at Tustin and Foothill High Schools. Council discussion followed regarding the donation amount to each student and the City's involvement in the process. Motion carried 5-0. 120-40 Council discussion followed regarding changing the selection process in the future; including a Councilmember on the selection committee; the proposed scholarship winners would be presented for Council approval; presentation of the awards would occur at a Parks and Recreation Commission meeting; and introducing the scholarship winners at a Council meeting. 12. TERM EXPIRATIONS FOR COMMISSIONS/COMMITTEES Valerie Crabill, Chief Deputy City Clerk, reported that prior to beginning the recruitment process for Commission and Committee vacancies, Council direction was necessary to determine whether to change Commission/Committee expiration dates from July to February to coincide with the November election. Council concurred to maintain the July term expirations for Commissions/Committees. 120-05 13. URGENCY ORDINANCE NO. 1199, CORRECT ERROR IN TERM OF ORDINANCE NO. 1198 It was moved by Thomas, seconded by Worley, to have first reading by title only and introduction of Urgency Ordinance No. 1199. Motion carried 5-0. Following first reading by title only of Ordinance No. 1199 by the City Clerk, it was moved by Thomas, seconded by Worley, to adopt the following Urgency Ordinance No. 1199: ORDZNANCE NO. 1199 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE Clq'Y OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 1198 NUNC PRO TUNC TO CORRECT AN ERROR IN THE TERM OF THE ORD1ENANCE Motion carried 5-0 (roll call vote). 480-20 CITY COUNCIL MINUTES PageS, 5-z~-98 14. ORDINANCE NO. 1200, TRANSFER OF NON-EXCLUSIVE CABLE T.V. FRANCHISE FROM CONTINENTAL CABLEVISION TO MEDIA ONE It was moved by Ports, seconded by Thomas, to have first reading by title only of Ordinance No. 1200. Motion carried 5-0. Following first reading by title only of Ordinance No. 1200 by the City Clerk, it was moved by Potts, seconded by Thomas, to introduce the following Ordinance No. 1200: ORDINANCE NO. 1200 - AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACKNOWLEDGING AND APPROVING THE TRANSFER OF A NON- EXCLUSIVE CABLE T.V. FRANCHISE TO MEDIA ONE OF LOS ANGELES, INC. Motion carried 5-0. 400-10 15. PROTECTED/PERMISSIVE LEFT-TURN PHASING STUDY (CIP NO. 800056) Tim Serlet, City Engineer, reported that in response to Council and community concerns, staff conducted a traffic signal study to improve efficiency and decrease motorist delays; noted criteria used to analyze signal approaches to determine if left-turn phasing would operate effectively using protected/permissive phasing; explained protected left-turn and protected/permissive phasing; proposed removal of left-turn phasing at five intersections; proposed left-turn phasing to protected/permissive at eight intersections; development of a public awareness program; project cost; and tentative signal modification schedule of 22 weeks. ':. Council/staff discussion followed regarding other agencies utilizing protected/permissive ~signals. - It was moved by Worley, seconded by Thomas, to retain existing protected ierc-turn phasing at all intersections in the City with the exception of the following locations: Remove existing protected left-turn phasing at the following intersections, and operate left- turns as permissive only (green ball) to reduce traffic delay and improve traffic circulation: (1) Bryan Avenue at Myford Road (north/south), (2) El Camino Real at Myford Road (north/south), (3) Main Street at Stoneglass (eastbound), (4) McFadden Avenue at Walnut Avenue (westbound), and (5) Myford Road at Heritage Way (north/south). Based on generally accepted traffic engineering principles that the existing protected le~- turn phasing at the following locations be converted to protected/permissive left-turn phasing: (1) El Camino Real at Tustin Ranch Road (east/west), (2) El Camino Real at Auto Center Drive (east/west), (3) El Camino Real at Myford Road (east/west), (4) First Street at Pacific Street/Yorba Street (east/west), (5) Newport Avenue at Sixth Street/Walnut Street (north/south), (6) Newport Avenue at Walnut Avenue (north/south), (7) Red Hill Avenue at Walnut Avenue (east/west), and (8) Walnut Avenue at Franklin Avenue (east/west). Develop a public education program regarding the operation/use of protected/permissive left-turn phasing. The following elements are recommended as part of the program: (1) Coordinate the printing of educational articles in both newspapers; (2) Develop and circulate education fliers to: include with water bills, make available to local homeowner associations, make available at City Hall, and make available at both local high schools; (3) Request the Automobile Club of Southern California publish an educational article in their quarterly magazine; and (4) Request the Department of Motor Vehicles to provide educational materials related to protected/permissive traffic signal operations. Council/staff discussion followed regarding potential liability to the City upon signal modification. Motion carried 5-0. 760-62 CiTY COUNC1~L MTNUTES Page 6, S - z~ - 9 8 16. MEMORANDUM OF AGREEMENT WITH THE TRANSPORTATION CORRIDOR AGENCIES AND THE CITY OF IRVINE Tim Serlet, City Engineer, reported that the proposed agreement allowed the Transportation Corridor Agencies (TCA) to construct two additional lanes on 3amboree Road from Moffett Drive to Barranca Parkway approximately two years prior to when the lanes were needed, without contribution from the City; the TCA would contribute approximately $2.8 million in various trust funds for the Cities of Tustin and Trvine earmarked for specific improvements; and in exchange for the TCA's trust fund, the Cities of Tustin and Trvine would sponsor a revision to TCA Board resolutions to alleviate the TCA from constructing a 3amboree/Barranca interchange and to allow the early opening of the West Leg prior to completion of the flyover. He stated that a condition of the West Leg opening included that the TCA maintain three traffic lanes in each direction on 3amboree Road and a congestion contingency plan would be finalized between the TCA, Caltrans, and the Cities of Irvine, Tustin, and Orange. Council/staff discussion followed regarding the financial benefits of the agreement; traffic flow would be improved; unanimous support of the proposed agreement was received from participating agencies; 3amboree/Edinger flyover construction completion; and justification of the early opening of the West Leg. :it was moved by Doyle, seconded by Worley, to (:L) Approve the 1998 ETC West Leg Memorandum of Agreement and authorize the Mayor and City Manager to execute the Agreement, and (2) Approve TCA Board of Directors Resolution No. 92F-06 and 92F-09 as amended and direct the City Clerk to forward the minute action to the TCA Board of Directors. Councilmember Ports explained the reason for toll roads in Orange County; toll roads had sunset clauses and upon payment in full, would become freeways; Caltrans was responsible for toll road maintenance; the State was providing some funding for toll roads; and the impending traffic problem due to population growth in California. Motion carried 5-0. 400-10 PUBLIC INPUT - None OTHER BUSINESS COMMENDATION - EDDIE AND LUCY BIRCH Councilmember Doyle commended Eddie and Lucy Birch for their leadership and contributions to a successful Chamber of Commerce Business Expo. Councilmember Ports commended Eddie and Lucy Birch for their community service. TUSTIN HiGH SCHOOL CHEERLEADERS Councilmember Doyle noted the well-behaved and courteous Tustin High School cheerleaders during an awards banquet held at the Revere House. PAY INCREASE - STATE LEGISLATORS Councilmember Doyle expressed displeasure at the proposed 26% pay increase for State Legislators and requested residents contact their representatives to express disapproval. PANCAKE BREAKFAST/COMMUNITY GARAGE SALE - PEPPERTREE PARK Councilmember Doyle announced a pancake breakfast and community garage sale would be held at Peppertree Park on May 9, 1998. CITY COUNCIL MINUTES Page 7, 5 - 4 - 9 8 STATE LEGISLATION Councilmember Ports expressed displeasure with the extensive amount of new laws passed by the State Legislators each session. HAWAIIAN COMMUNITY GARDEN Councilmember Potts reported visiting a Community garden in Hawaii; noted plots were "sold" for $10.00 to individuals for gardening; and suggested utilizing a similar concept for Tustin's community garden. TUSTIN HOME SALES Councilmember Thomas commented on the excellent home sales market in Tustin. TUSTIN RANCH ELEMENTARY SCHOOL - FIRST GRADE CLASS VISITATION Mayor Saltarelli reported that a first grade class from Tustin Ranch Elementary School had visited City Hall, obtained permits for building ,their "new hospital," toured the Police Department, and interviewed the Mayor. COMMITTEE REPORTS- None CLOSED SESSION - None ADJOURNMENT Mayor Saltarelli adjourned the meeting at 8:15 p.m. The next regular meeting of the City Council was scheduled for Monday, May 18, 1998, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. THO~}A~'T~AyOR PAM'~LA STOK~R~ CITY~